'To Save the People from Themselves' The Emergence of American Judicial Review and the Transformation of Constitutions
Book contents
- “To Save the People from Themselves”
- Cambridge Historical Studies in American Law and Society
- “To Save the People from Themselves”
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- Part One Legislatures and Legislation under the First American Constitutions
- Part Two The Emergence of American Judicial Review: 1779–1787
- Part Three Judicial Review at the Federal Convention
- 10 Judicial Review and the Fate of Traditional Constitutionalism at the Federal Convention
- Index
10 - Judicial Review and the Fate of Traditional Constitutionalism at the Federal Convention
from Part Three - Judicial Review at the Federal Convention
Published online by Cambridge University Press: 17 September 2021
Book contents
- “To Save the People from Themselves”
- Cambridge Historical Studies in American Law and Society
- “To Save the People from Themselves”
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- Part One Legislatures and Legislation under the First American Constitutions
- Part Two The Emergence of American Judicial Review: 1779–1787
- Part Three Judicial Review at the Federal Convention
- 10 Judicial Review and the Fate of Traditional Constitutionalism at the Federal Convention
- Index
Summary
By the eve of the Federal Convention, judicial review had laid down solid foundations in New Jersey, New Hampshire, and North Carolina. And even though further development of the practice was thwarted for several decades in New York, and for more than half a century in Rhode Island, the case of Trevett v. Weeden was nevertheless being cited as a precedent for judicial review beyond Rhode Island’s borders. It was mentioned with approval, for example, at the Federal Convention, where the Rhode Island legislature was condemned for “displacing” the judges who had engaged in it.1
- Type
- Chapter
- Information
- 'To Save the People from Themselves'The Emergence of American Judicial Review and the Transformation of Constitutions, pp. 389 - 426Publisher: Cambridge University PressPrint publication year: 2021